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kirankumar (Part time Employee/ student of BL)     14 October 2009

Need Help in RTI

Hi All,

Can we ask the Details of the Govt Employe (No Days leaves taken, on which days the leave taken, incom tax payed, and a Perticular  Leave letter with from date to to date ) Through  RTI

I need these details to use in a criminal case Filed by that Govt Employe



Learning

 10 Replies

kirankumar (Part time Employee/ student of BL)     14 October 2009

 

Hi All,

Can we ask the officer incharge in which certain employe is working

1) Regarding the details of  the Govt Employe "Number of  Days leaves taken in the past 2 years

2) On which days the leave taken along with copies of leave letters

3) Also the statements showing incom tax paid by the employe Year wise for last 3 years.

Through  RTI

I need these details to use in a criminal case Filed by that Govt Employe

hemant sharma (service)     14 October 2009

Yes this info can be asked if

this is not prohibited u/s 8 of RTI Act

I suppose they will take the exemption of S8(h) of RTI Act

but any info in public domain of public servant with his own consent  should not be denied

Isaac Gabriel (Advocate)     15 October 2009

The Public information officer is bound to furnish the informations asked for and they are not at all fall under the prohibited items.

Anil Agrawal (Retired)     15 October 2009

 Leave applications, as far as I know, is not kept as a permanent record in government offices. Therefore, availability of information is doubtful. But if is earned leave or leave on medical grounds, entry is made in the service book and that can be culled. Casual leave out of question. You can move the application but keep doubt in mind.

 

Information on income tax is out of question as it is third party information and cannot be parted. We should know that the offender would not give his consent to give his income tax return details.

 

kirankumar (Part time Employee/ student of BL)     16 October 2009

Thanks To All

For  information

 

Adv ramesh chheda (prop)     17 October 2009

if already court matter is pending then why do u wish to go for rti rather make department as witness get summons issued and get  necessary documents produced through them

for any further help may send me email

adv ramesh chheda mumbai

vivek dhavalikar (advocate high court.)     04 November 2009

any information can be seeked from any government department except barred by official secret act.

Anil Agrawal (Retired)     05 November 2009

 Official Secrets Act is no bar in seeking information. Read Section 8 of the RTI Act which also lays down:

Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

vivek dhavalikar (advocate high court.)     05 November 2009

barred by sec 8 (3) subject to central governments decision. and interst should be public interest not an individual one.

Anil Agrawal (Retired)     05 November 2009

 Are you seeking information that is more than 20 years old? Central Government has no role to play. Section 8(3) reads:

Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section:

Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.


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